Legal Opinion
Floyd E. Moomey and Hardware Mutual Casualty Company, A/K/A Sentry Insurance Company v. Massey Ferguson, Incorporated
Court of Appeals for the Tenth Circuit
Decided August 11, 1970No. 550-69_1PublishedCited by 19 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
The appeal in this diversity suit presents issues of New Mexico law involving strict liability, sufficiency of proof, assumption of the risk, misuse of an allegedly defective product and contributory negligence. Moomey recovered a judgment of $48,155.94 against Massey Ferguson as compensation for injuries received when a tooth which he was installing on a dirt scoop shattered and struck him in the eye. 1 The tooth had been purchased by Moomey’s employer, Mesa Tractor Company, from Massey Ferguson.
Moomey’s complaint sounds in negligence, breach of warranty and strict…
2Cases cited15 opinions
- Meistrich v. Casino Arena Attractions, Inc.Supreme Court of New Jersey · 1959
- OS Stapley Company v. MillerArizona Supreme Court · 1968
- Heaton v. Ford Motor Co.Oregon Supreme Court · 1967
- Reed v. StyronNew Mexico Supreme Court · 1961
- Dunham v. Vaughan & Bushnell Mfg. Co.Appellate Court of Illinois · 1967
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wells Real Estate, Inc. v. Greater Lowell Board of RealtorsCourt of Appeals for the First Circuit · 1988
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1972
- Rosenau Ex Rel. Rosenau v. City of EsthervilleSupreme Court of Iowa · 1972
- Cyr v. B. Offen & Co.Court of Appeals for the First Circuit · 1974
- Alphonse Cyr, Jr. And Arlene Cyr v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Cyrenus Couture, Adm. Estate of Richard Couture v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Alphonse Cyr, Jr. And Arlene Cyr v. R. Hoe & Co., Inc., and Third-Party v. Rumford Printing Company, Third-PartyCourt of Appeals for the First Circuit · 1974
14 more not listed; retrieve them via the Exa API.